State Farm v. Kastner, 02SC258 (October 14, 2003): Plaintiff suffered injuries when an assailant kidnapped her, took her in her own car to a remote location, and sexually assaulted her in the vehicle. Plaintiff sought coverage from her automobile insurer, State Farm, which denied coverage and sought a declaratory judgment that its policy did not cover plaintiff's injuries.
  The trial court and court of appeals held that there was coverage on the basis that a sexual assault in an automobile arises out of the "use" of a motor vehicle for purposes of the No Fault and Uninsured/Underinsured motorist provisions of an automobile policy.
  The supreme court reversed. The supreme court held that injuries do not arise out of the use of a motor vehicle unless: (1) at the time of the accident, the motor vehicle was being used in a manner that was contemplated at the time the parties contracted for insurance; and (2) the covered use of the vehicle is inextricably linked to those injuries. The supreme court concluded that at the time of the accident, plaintiff's vehicle was not being "used" in a manner reasonably foreseeable at the time insurance was contracted and her injuries were not sufficiently related to any covered use of the car.

Harvey Flewelling earned three victories. In Staley v. MLL, Inc., and Commercial Casualty Insurance, ALJ Henk denied a claim for TTD benefits. The ALJ found that the claimant, represented by John Connell, Esq., lacked credibility and was responsible for termination from employment. In Zapata v. Integrated Health Services, Inc. and Pacific Employers Insurance, ICAO affirmed ALJ Stuber's order, won by Royce Mueller, that claimant did not sustain a compensable injury. In a medical utilization review appeal, ALJ Muramoto found in favor of Western Guaranty Fund Services in upholding a change of physician order.

Cheryl Martin defeated a claim for TTD benefits in Armstrong v. Blue Dot Services, Inc. and Pacific Employers Insurance. ALJ Harr found that the claimant, who was represented by John Sbarbaro, Esq., lacked credibility and was responsible for termination from employment.

Fran McCracken successfully defended an uninsured employer in Berry v. Continue Care Home Health, Inc. ALJ Martinez rejected the attempt by claimant, represented by Amy Eaton, Esq., to pierce the corporate veil and impose individual liability on the owner of the employer for benefits and penalties.

Note:  Summaries and articles should not be relied upon as authoritative for a particular case. Consult your attorneys for advice on the application of all the law to the specific facts of your case or legal problem.